If you are involved in a legal dispute in Abbotsford or the Fraser Valley, you may be surprised to learn that many conflicts can be resolved without going to court. One of the most effective ways to do this is through private mediation.

Private mediation is a structured settlement process where an impartial mediator helps the parties work toward a mutually acceptable resolution. Unlike court proceedings, mediation is collaborative, confidential, and flexible.

A non-compete clause is a provision in an employment contract that restricts an employee from working for a competitor or starting a competing business after their employment ends. These clauses typically limit the type of work, geographic area, and duration, but because they restrict a person’s ability to earn a living, they are closely scrutinized. In British Columbia, non-compete clauses are generally unenforceable unless they are reasonable, protect a legitimate business interest, and are clear and narrowly tailored. Unlike non-solicitation clauses, which only restrict contacting clients or employees, non-compete clauses can significantly impact future employment, so both employers and employees should seek legal advice before signing or enforcing them.

Employment contracts define the rights and obligations of employers and employees and provide clarity at the outset of the working relationship. While not required to be in writing, a properly drafted agreement reduces uncertainty, particularly regarding termination rights. In the absence of a written contract, terms are governed by legislation such as the Employment Standards Act and common law. Key provisions typically address duties, compensation, benefits, vacation, hours, and termination. Employers cannot unilaterally change fundamental terms without risking constructive dismissal, and improperly drafted termination clauses may be unenforceable, leading to greater liability.

What are the pros and cons, risks and benefits to adding an adult child to title to your home?

Joint ownership is an effective way to transfer property on death. In fact, from an estate planning perspective, it is the most effective way to transfer property on death, as assets which are jointly owned are not considered to be assets of the estate and are therefore not subject to probate fees. Efficiency and the desire to avoid probate causes many people to consider adding an adult child to title to property; however, doing so comes with a host of other risks which, in the end, might outweigh the benefits.

For estate planning purposes, how you own property is just as important as what you own. There are two types of ownership available for land titles purposes in B.C. You may own property either as a joint tenant or as a tenant-in-common. What is the difference? And what type of ownership is most suitable to your situation?

There are several factors you need to take into account in order to make a decision that is best for you.

When a loved one dies, sometimes their will leaves little or nothing to their spouse or common-law partner. In British Columbia, understanding who qualifies as a “spouse” and what rights flow from that status can mean the difference between receiving an inheritance and having no legal standing at all.

This is intended to be a helpful list of tasks for an Executor to complete while Administering an Estate. For a printable PDF version, a more comprehensive guide, or help with the Administration, please contact the office at info@albertlawco.com

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An executor is the person appointed in a Will to administer the estate of deceased person (the “Will-Maker”). The executor is the representative and trustee of the estate, meaning that he or she has a fiduciary responsibility to act in the best interests of the estate and its beneficiaries. The executor’s job is to carry out the instructions of the Will-Maker as expressed in the Will.

There are various stages to administering an estate, which we have set out in a very general way in this blog.

Individuals often own property in many jurisdictions, not just in British Columbia. Or, the testator (or will maker) may be living in different jurisdictions throughout the year. Generally speaking, probate ought to occur in the jurisdiction most closely connected with the testator. However, beginning probate or litigation in BC has advantages such as favourable wills variation laws.

Separation and Divorce Basics in BC

A married couple or a couple living in a marriage-like relationship (often referred to as common law) are considered separated when at least one of them decides to separate and stop living together.

Child support is the right of the child to receive and cannot be waived by separating parents.

Spousal support is calculated in accordance with the Spousal Support Advisory Guidelines and, unlike child support, is negotiable.

What is a Termination Without Cause?

Employers can give written working notice, or an equal amount of pay called compensation for length of service. They may also give a combination of both notice and pay. Termination without cause occurs where an employee is fired or let go for reasons that are not related to serious misconduct. In these situations, an employee can be asked to leave with no reason given for the termination.

If an employee has been terminated with cause, that means the employer has enough legal reason to end their employment immediately because of significant wrongdoing. There must have been conduct by the employee which goes to the root of the employment contract, fundamentally strikes at the employment relationship and therefore fractures the employment relationship that cannot be recovered. It is considered one of the harshest ways to be dismissed by an employer. Examples of conduct include serious misconduct, incompetence, theft or fraud, and willful disobedience.  

Proper estate planning is essential for individuals who are planning to provide for a disabled beneficiary. Depending on the nature of the disability – whether it be a physical or cognitive limitation – various planning techniques may be used for a disabled beneficiary, to protect their inheritance, assist with spending and decision-making, and minimize risks for vulnerable adults who may otherwise be subject to undue influence. Proper legal advice from a lawyer well-versed in disability law is essential.

Claims to Return Assets to an Estate

If assets that should be part of an Estate have been depleted (through undue influence, fraud, or by improper gifts) an executor (or beneficiaries) may be able to bring an claim to have them returned.

How to Remove and Executor / Trustee?

A court application is usually required to establish the executor has breached their duty to the Estate / Beneficiaries. It is a fairly high threshold and a last resort.

A “Passing of Accounts” is usually the last step of the Estate process. It is technically a formal court process where the Judge approves the accounting of the Personal Representative. There are ways it can be done informally.

How do I collect on a debt?

If the debtor has refused to pay or won’t respond to your requests for payment, you can collect your debt through the Courts. A lawsuit is often the most effective way to negotiate a repayment play than is agreeable to both parties. It may take a court judgment for the debtor to pay.

What is probate?

Probate is a process that verifies a will is real under British Columbia laws. It is a judicial process where a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased. It gives third parties, such as banks and ICBC, assurance that the Will is valid, can be relied on, and that the executor has authority to deal with the deceased’s assets.

Employees and employers often confuse “layoff” with “termination” and vice versa. This post discusses some fundamental differences between a layoff and a termination so that employees and employers can better understand their rights and obligations.

A Will does not provide for the spouse/child, can I do anything about it?